La Consulta Previa y su Impacto en el Desarrollo Sostenible de las Comunidades Indígenas: Una Perspectiva Desde el Control Fiscal. Análisis Comparado Colombia-Brasil.

Abstract

Prior consultation is a fundamental right of Indigenous peoples in Colombia, intended to guarantee their participation in decisions that affect their territories, culture, and ways of life. However, its implementation has been marked by structural challenges such as weak institutions, limited coordination with fiscal oversight, and economic interests at playmate. This article analyzes the relationship between prior consultation, fiscal oversight, and sustainable development—examining their legal foundations in Colombia, the role of the Territorial Comptroller’s Offices and the Office of the Comptroller General of the Republic in ensuring the principle of sustainable development through oversight and control of public funds within prior consultation processes. Through a comparative approach, it studies the Brazilian model—particularly its normative and institutional framework, as well as mechanisms for Indigenous participation—in order to identify strengths and weaknesses. The findings reveal that fiscal oversight has not yet succeeded in playing an effective role in guaranteeing the right to prior consultation, nor in evaluating whether its objectives are met in terms of social, environmental, and economic sustainability. Consequently, recommendations are proposed to strengthen the coordination between Indigenous participation mechanisms, oversight bodies for public resource management, and the principles of sustainable development, all while recognizing the differentiated approach and collective rights of Indigenous peoples. The comparison with Brazil provides insight into both progress and setbacks in the matter of prior consultation.